China Doll Restaurant, Inc. v. MacDonald

MYERS, Associate Judge.

A restaurant corporation appeals from a judgment upon a jury verdict in a tort action in favor of appellee, a customer, for damages for food poisoning allegedly sustained by her as a result of the “careless and negligent serving of food that was not fit for human consumption.”

At the trial appellee testified that she went to the appellant restaurant with a friend where they ordered, among other things, won ton soup. Appellee complained to the waitress that “it didn’t taste good,” but she consumed half of it. Early the next morning she suffered pains and active nausea.…